Federal Court of Australia
Federal Court of Australia
O'Brien v Caboolture Aero Club Inc [2024] FCA 392 File number(s): QUD 2 of 2023
Judgment of: MEAGHER J
Date of judgment: 18 April 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend statement of claim – whether there is sufficient explanation for the delay – whether amendments are 'hopeless' and could not succeed – whether there is prejudice suffered by the respondents – whether issues arise out of the same substratum of facts – amendments required to determine the real questions in controversy – sufficient explanation for delay – amendments allowed PRACTICE AND PROCEDURE – application for Court-ordered mediation – lack of consent to attend mediation – where significant costs have been incurred – proceedings referred to mediation
Legislation: Disability Discrimination Act 1992 (Cth) Evidence Act 1995 (Cth) s131 Fair Work Act 2009 (Cth) ss 45, 341(1)(a), 342, 351, 352, 361(1), 453, 542, 570(2)(a) Federal Court Act 1976 (Cth) ss 33ZF, 37M, 37N Workers Compensation and Rehabilitation Act 2003 (Cth) Federal Court Rules 2011 (Cth) rr 16.53, 53A Anti-Discrimination Act 1991 (Qld) s14 Fair Work Bill 2008 Airline Operations – Ground Staff Award 2020 s32 Miscellaneous Award 2020 s54
Cases cited: Aitken v Virgin Australia Airlines [2013] FCCA 981 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Barnett v Territory Insurance Office (2011) 196 FCR 116 Braun v St Vincent's Private Hospital Northside Ltd [2023] FCA 166 Caruso Australia Pty Ltd v Portec Australia Pty Ltd [1986] FCA 40 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 Civil Air Operations Officers Association of Australia v Air Services Australia (No. 2) [2021] FCA 993 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited [2010] FCA 591 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (No. 2) [2010] FCA 652 Construction, Forestry, Maritime, Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 3) [2022] FCA 1345 Dye v Commonwealth Securities Ltd (No 2) [2010] FCAFC 118 Fair Work Ombudsman v Foot and Thai Massage Pty Ltd (In liquidation) (No 4) [2021] FCA 1242 Ghobrial v Spectrum Migrant Resources Centre [2022] FedCFamC2G 358 Granitgard Pty Ltd v Termicide Pest Control Pty Ltd [2008] FCA 865 Hanna v Australian Securities and Investment Commission [2011] FCA 1077 Martens v Indigenous Land Corporation [2017] FCCA 896 Research in Motion Ltd v Samsung Electronics Australia Pty Ltd (2009) 176 FCR 66 Reilly v Australia and New Zealand Banking Group Limited (No 2) [2020] FCA 1502 Roohizadegan v TechnologyOne Ltd (No 2) [2020] FCA 1407 Shannon v Lee Chun (1912) 15 CLR 257 Skinner v Commonwealth of Australia [2012] FCA 1194 SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd (No 4) [2007] FCA 1035 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2 Tamaya Resources Ltd (in Liq) v Deloitte Touche Tohmatsu (a Firm) [2015] FCA 1098 University of Sydney v ObjectiVision Pty Ltd [2016] FCA 1199
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